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Discussion > Corporate Law > Others >

Partnership firm as a member

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Practicing CS

[ Scorecard : 35]
Posted On 10 December 2011 at 11:28 Report Abuse

Dear Friends,

The question is HOW can we do this without flouting the Law.

 

We want to form a Company wherein a Partnership Firm (represented by ALL its partners) shall be a subscriber.

Please let us know as to how this can be done and any precedent on this in the past.

 

 

 



CA Sandeep Kumar
Audit Assistant

[ Scorecard : 789]
Posted On 10 December 2011 at 11:39

No. Firm cannot be a subscriber. Its partners can be subsribers to the company in their individual capacities. A firm is not a legal entity. 




Shubha Agrawal
company secretary

[ Scorecard : 57]
Posted On 10 December 2011 at 12:24

Agree with sunny ji. partnership firm can not be a member of the company. However a partnership firm may become  member of section 25 company.

 



Neha Jain
Company Secretary

[ Scorecard : 7034]
Posted On 10 December 2011 at 12:50

Partnership firm can not become member of a company. This is a settled law. As per departments circular no 4/72 dated 9.2.1972 a firm not being a person, can not be registered as member of company. Rightly pointed out of Ms. Shubha, that firm can become member of section 25 company. Thanks.

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